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Negotiable instruments act 138 (a)

(Querist) 20 December 2011 This query is : Resolved 
I served a registered notice under section 138 (a) of N.I.Act. I do not know whether my registered notice delivered to the addressee or not. As I have not received the acknowledgment card and haven't got the registered notice returned. That's why I filed a complaint before the postal authorities. They replied on 15/12/2011 that the registered notice was delivered to the addressee on 15/11/2011. In the above mentioned circumstances can I have the time to file the complaint. If, yes please furnish citations to be quoted.
with thanks and regards
Sudhir Kumar, Advocate (Expert) 20 December 2011
S/138 itself gives the procedure
Shonee Kapoor (Expert) 20 December 2011
Agreed. You can file.


Shonee Kapoor
ajay sethi (Expert) 20 December 2011
if the notice sent by regsitered post was delivered on 15th november accused had time to make payment till 30 th november . you cna file complaint within period of one month from 30th november .

file it immediatedly . dont waste time .
Shyam Ji Srivastava (Expert) 20 December 2011
No. Can not file .
K S GOSWAMI, Advocate (Expert) 21 December 2011
if the notice sent by registered post was delivered on 15th november accused had time to make payment till 30/11/2011. You can file complaint within period of one month from 30/12/2011.
prabhakar singh (Expert) 21 December 2011
Notice served on 15/11/2011 add 15 days for debtors time to obey the notice now it becomes 30/11/2011 and from this date you have a month that is 30/12/2011,so better file at once before winter closing.If you fail be prompt just on opening day you would be required to file it.In case you still delay a delay condonation application shall also be required.But why to delay then???
Deepak Nair (Expert) 21 December 2011
In this case, you are eligibel to file a case before 30th of December 2011. Please refer the provisions of Sec.138 NI Act for better understanding. It is very much clear.
As advised by Prabhakar Sir, in case of delay, there is an option to apply for condonation of delay in filing the complaint. But, since more than a week still in your hand, you can file the complaint in time. So hurry.
Adinath@Avinash Patil (Expert) 21 December 2011
you can file complaint before 30/12/2011
Advocate Bhartesh goyal (Expert) 21 December 2011
yes you can file cömplaint before 30.12.2011.
Raj Kumar Makkad (Expert) 21 December 2011
There is no procedure to move an application seeking delay condonation in this purely technical complaint which is strictly adhered to time combination so advice of prabhakar singh up to this point is wrong and illegal.

File complaint on or before 30th Dec. 2011.
Raj Kumar Makkad (Expert) 21 December 2011
Benefit of winter holidays shall go in your favour if you cannot file till the holidays are declared prior to 30th Dec 2011 but you shall have to file on the first day after the winter holidays.
V R SHROFF (Expert) 21 December 2011
Delay condonation is a rule, rather than exception.
However, if you can deposit your cheque again, forgetting any notice sent ?? , Go for fresh legal notice thereafter.
Shailesh Kr. Shah (Expert) 22 December 2011
advised to file compliant before 30/12/2011.
Dr.Gaurang N. Gandhi (Expert) 22 December 2011
you can file complaint before 3oth December 2011

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